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Paramount Commercial Southwest No. 3 FP13-032BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JULY 23, 2013 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF ONE (1) BUILDING LOT ON 6.84 ACRES INA C-G ZONING DISTRICT BY: BRIGHTON INVESTMENTS ) APPLICANT ) CASE NO. FP-13-032 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on July 23, 2013 for final plat approval pursuant to Unified Development Code (UDC) ] 1-6B-3 and the Council finding that the Adminishative Review is complete by the Plaiming Division and Public Works Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDEREll THAT: The Final Plat of "PLAT SHOWING PARAMOUNT COMMERCIAL SOUTHWEST SUBDIVISION NO. 3, LOCATED IN TI-IE SW '/4 of SECTION 25, T.4N., R.1 W., MERIDIAN, ADA COUNTY, IDAHO, 2013, HANDWRITTEN DATE: 06/25/2013, PATRICK A. TEALEY, PLS, SHEET 1 OF 2," is conditionally approved subject to those conditions of Staff as set forth in ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT COMMERCIAL SOUTHWESTSUBDNISION NO. 3 (FP13-032) Page 1 of 3 the staff report to the Mayor and City Council from the Planning Division and the Development Services Division, dated July 23, 2013, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Mike Wardle, Brighton Corporation, Inc., a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. The final plat upon which there is contained the certification and signahu•e of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all ofi=site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAHINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT COMMERCIAL SOUTHWESTSUBDNISION NO. 3 (FP13-032) Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the ~~~- day of ~(,(f , 2013. By: Tammy de rd Mayor, of Meridian Atte$t: ~Q~4O,iI~~LD A L~CLS~, Igo > ~' City of ayce olman E IDI~ 1 f~N~' ID AA HHO City Clerk ~ SEAL ^~ P~ . ~~f ~ ~ < <L e '[ k E'rSV~'~J Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. l!' Dated: ~ ' 13 ' ~ ?_~ 4 i ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PARAMOUNT COMMERCIAL SOUTHWESTSUBDIVISION NO. 3 (FP13-032) Page 3 of 3 EXHIBIT A STAFF REPORT Meeting Date: July 23, 2013 E IDIAN~-- TO: Mayor and City Council FROM; Bill Parsons, Associate City Planner 208-884-5533 Steve O'Brien, Development Analyst II 208-887-2211 SUBJECT: FP-13-032 -Paramount Commercial Southwest Subdivision No. 3 I. APPLICATION SUMMARY The applicant, Brighton Investments, has applied for final plat approval of one (1} commercial building lot on approximately 6.84 acres of land. The subject final plat is consistent with the approved preliminary plat for this site. II. STAFF RECOMMENDATION Staff recommends approval of Paramount Commercial Southwest Subdivision No. 3 final plat subject to the conditions noted below. These conditions shall be considered in fitll, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval 1 move to approve File NumberFP-13-032 as presented in the staff report for the hearing date of July 23, 2013, with the following modifications: (Add any proposed modifications.) Denia] 1 move to deny File NumberFP-13-032, as presented during the hearing on July 23, 2013, for the following reasons: (You should state specific reasons for denial.) Continuance l move to continue File Number FP-13-032 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The property is located near the northeast corner of N. Linder Road and W. McMillan Road in SW '/4 of Section 25, T.4N., R.1 W. B. Applicant/Owner: Brighton Investments 12601 W. Explorer Drive, Suite #200 Boise, Idaho 83713 V. STAFF ANALYSIS The proposed filial plat consists of one (1) buildable lot on approximately 6.84 acres in a C-G zoning district. The proposed final plat is the fourth phase of the Paramount Commercial Southwest preliminary plat approved by Council in 2007. The only landscape requirement for the plat is a 10-foot landscape buffer adjacent to W. Deer Crest Street, (local street) and the required landscape easement has been Paramount Commercial Southwest Subdivision No. 3 FP.doc -1- EXHIBIT A depicted on the plat. The installation of landscape buffer is not required until the ]ot develops. The Plannhrg Division is cw•rently processing a development application for the proposed lot. For this reason the applicant has not submitted a landscape plan for review and approval. The project was also conditioned to construct a north/south private sheet that connects W. Deer Crest Street and W. McMillan Road. At the time this conditioned was imposed, private streets were allowed to connect to arterial streets. Now that private street section of the ordinance prohibits private sheets fiom connecting to arterial streets (W. McMillan Road), staff is of the opinion that this condition is no longer warranted and directly contradicts the private sheet standards in the Unified Development Code (UDC). The submitted plat depicts the recorded cross access agreement in effect for the proposed development. Since cross access is being provided, staff finds that the requirement of the private street has been satisfied. Because the number of buildable lots is fewer as allowed by UDCII-6B-3C.2, staff finds the proposed plat to be in substantial compliance with the approved prelhnhrary plat. VI. SITE SPECIFIC CONDITIONS Applicant is to meet all terms of the approved Paramount development agreement (instrument # 103137116), amrexation (AZ-03-006), conditional use permit (CUP-03-008), Paramount Commmercial Southwest modified development agreement (instrmnent #107145935), amended DA approved with file MDA-13-010, preliminary plat (PP-07-011), final plats (FP-08-001, FP- 10-007 & FP-12-019), property boundary adjustment (PBA-13-014) and time extension (TE-09- 023)applications for this subdivision. 2. The applicant has until May 17, 2015 (or 2 years from the date the City Engineer sighed the most recent plat) to obtain City Engineer's signatw•e on the final plat or apply for another time extension in accord with UDC 1 ]-6B-7. 3. Prior to submittal for the City Engineer's signiature, have the Certificate of Owners and the accompairying acknowledgement signed and notarized. 4. The final plat prepared by Tealey's Land Surveying, stamped on 06/25/13 by Patrick A. Tealey, is approved with the following comments: a. Include the amended development agreement instrument number in note #2. 5. All fencing installed on the site must be in compliance with UDC 71-3A-6 and I1-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision and/or provide written doeutnentation that scheduled hash pick-up will occur dw~ing construction of the proposed development. 6. The subject property shall be subdivided prior to issuance of any building permits. 7. Staffs failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. VII. GENERAL REQUIREMENTS Per UDC l 1-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch Paramount Commercial Southwest Subdivision No. 3 FP.doc -2- EXHIBIT A owners), with written approval or non-approval submitted to the Public Worlcs Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2. Street signs are to be in place, water system shall be approved and activated, fencing installed, sewer line shall be installed and passed air test and video inspection, final plat recorded and road base shall be approved prior to applying for building permits. 3. A letter of credit or cash surety in the amount of I10% shall be required for all uncompleted fencing, landscaping, amenities, pressurized h-rigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All development improvements, including but not limited to water, sewer, fencing, micro-paths, pressurized h~rigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-SC-l . 5. A written certificate of completion shall be prepared by the landscape architect, landscape desigter or qualified nurseryman responsible for the landscape plan upon completion of the landscape installation. The Certificate of Completion shall verify that all landscape improvements, including plant materials and sprinkler installation, are in substantial compliance with the approved landscape plan. 6. The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to siguahu~e on the final plat. 8. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered baekfill, where footing would sit atop fill material. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 10. Applicant shall be responsible fa• application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 11. All development feahu~es shall comply with the Americans with Disabilities Act and the Fah• Housing Act. 12. Any tree over 4" ht caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. Paramount Commercial Southwest Subdivision No. 3 FP.doc -3- EXHIBIT A 13. Arry existing domestic well system within this project shall be removed from domestic service per Ciry Ordinance Section 9-1-4 and 9-4-8 contact the Ciry of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used far non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 14. Any existing septic systems withht this project shall be removed from service per City Ordinance Section 9-I-4 and 9-4-8. Contact Central District 1-lealth for abandonment procedures and inspections (208)375-5271. 15. The engineer shall be required to certify that the sheet centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the per the City of MeridianAutoCAD approved prior to the issuance of a project. applicant shall be responsible to submit record drawings standards. These record drawings must be received and certification of occupancy for any structures withht the V. >JXHIIBITS A. Zoning/VicinityMap B. Approved Preliminary Plat C. Proposed Final Plat Paramount Couunercial Southwest Subdivision No. 3 FP.doc -4- IJXHIBIT A Exhibit A -Zoning/Vicinity Map ivi e Cr ' t I o RUT 5249 5450 ~ 00 ,~ O~ N b~ 5211 rn W 5120 _ O1 ~ M ~ ~` W u~i rn N - ~ ~ CO o0 CO ~ - r st 5100 ~o 0 0 _ _ e ~~ ee~ ~ 5072 R-g V 7j6' 5038 pg~ar C 5004 810 rn n ui 4970 ~ o~ rn 178a R-8 4895 4936 ~ 1750 °i 1406 u' ^ ~ 4850 T ~ X l v 1402 60 0 4740 ~ ~-~ S b°` ~ d ~ ~ i •' 4672 L-~ .~; 1437 _ J RUT RUT 943 ~ J 4604 i-~{q - _ 4650 ~' ~~ ~ ~ a~ ~` 4550 _ ~n ylb t i t - - - 4505 -15 ' 4472 ~ ~ da St Paramount Commercial Southwest Subdivision No. 3 FP.doc -5- EXHIBIT A Exhibit B -Approved Preliminary Plat Mworro~G`i9:Sin«.ow~ w • ~ ~ ex. ~r, nud i a ,~dA ~~ ' ~ ~i . ~!i I ,i _~ _r 0. 5 y ' . • s ~ e a ...... e oww». ........ ~~- ~_..,. 0 _ :..=~ _ m ~ , ~_ _ - --- vi~wv •wwwnwv ~~i~}w~~~lr~~ ~~• i.~.~°°. v.. °~.^TiiP°0 ~$~~~ r wss~~ •~~{~asr'c.~. •xsrsr~w:-.c.~..... ~ °r ~'.°°...vi~8T. ~~$$ 9 -k--~ I¢ -.-~--4 ~ ~~ ~~: ~~~..~~ ~YMMw~WA'Ilil Paramount Commercial Southwest Subdivision No. 3 FP.doc -6- EXHIBIT A Exhibit C - ProposeLl Final Plat nrnr 36~ 9i [e~. 1...c,,.re •ru.i. •e :i a __ - K91 DEER [9fSf 91pEFi 6 09 35'If EI .,,. _s ,, f ~q ~: ~ _~ .Iv. `i off- it ti4- 1 f ~ ,. ` 1 %\ ' I I ~ I n f a,. i ) t_ i v ' g N~ 1. ~ r c4a i CGfc 0411f 11 t/•BL <' M a Yo ~ I6 l v `\ \ xu viwai rn ar a 1 .n. l! .~. 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Ct BF.4pN. ..., .a. ro ~a NWES.....a . . .. aa.._ e ar zS TEALEY BLAND ~ x __ Paramount Commercial Southwest Subdivision No. 3 FP.doc -7- Bill Parsons From: Mike Wardle <MWardle@brightoncorp.com> Sent: Wednesday, July 17, 2013 8:48 AM To: Jacy Jones; Jaycee Holman; Machelle Hill Cc: Bill Parsons Subject: RE: Paramount Commercial Southwest Subdivison No. 3 staff report for 07/23/13 CC MTG We have reviewed the staff report for Paramount Commercial Southwest Subdivision No. 23 and concur with staff's recommendation for City Council approval with the proposed Site Specific Conditions; and request that the matter be placed on the Council's consent agenda. I will attend the meeting to answer Council questions, if any. Michael Wardle Director of Planning Brighton Corporation 12601 W. Explorer, Suite 200 I Boise, Idaho 53713 Direct 208.287.05721 Ccll 208.863.6150 _._.__. From: Bill Parsons [mailto:bparsons@meridiancity.orgl Sent: Tuesday, July 16, 2013 4:02 PM To: Bill Nary; Ted Baird; Jacy Jones; Jaycee Holman; Machelle Hill; Mike Wardle Cc: Caleb Hood; Justin Lucas Subject: Paramount Commercial Southwest Subdivison No. 3 staff report for 07/23/13 CC MTG Attached is the staff report for the proposed Paramount Commercial Southwest No. 3 final plat application (File #FP-13-032). This item is scheduled to be on the City Council agenda on July 23, 2013. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Mike -Please submit a written response to the staff report to the City Clerk's office (jholman@meridiancity ora, mhillC~meridiancitv.ora, jionesC~meridiancitv.or~) and myself (e-mail or fax) by 3:00 pm the Thursday prior to the hearing. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly by Thursday at 3:00 pm, your item vrill be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the'staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda. If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Bill Parsons, AICP Associate City Planner Community Development Department 33 E. Broadway Avenue Meridian, Idaho 83642 PHONE: (208) 884-5533 FAX: (208) 888-6854 bparsous@meridiaucity. org